« AnteriorContinuar »
being given up; and registered vessels may be enrolled, upon surrendering up the enrolment and license.(1)
1511. And when any vessel shall be in any other district than that to which she belongs, the collector, on application of the master, and on his making oath, that, to the best of his knowledge and belief, the property remains as expressed in the register or enrolment, proposed to be given up, and upon his giving the bonds required for granting register, shall make such exchanges; and such collector shall transmit the register or enrolment given up, to the register of the treasury. The register or enrolment and license granted in lieu thereof, shall, within ten days after the arrival of the vessel within the district to which she belongs, be delivered to the collector of such district, and be by him cancelled. And if the master shall neglect to deliver such register, or enrolment and license, within the time specified, he shall forfeit one hundred dollars.(2)
1512. In order to the licensing of any vessel for carrying on the coasting trade or fisheries, the husband, together with the master, with one or more sureties, to the satisfaction of the collector, shall become bound to pay to the United States, if she be of the burthen of five tons and less than twenty tons, the sum of one hundred dollars; and if twenty tons, and not exceeding thirty tons, the sum of two hundred dollars; and if above thirty tons, and not exceeding sixty tons, the sum of five hundred dollars ; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that she has been employed in any trade, whereby the revenue of the United States has been defrauded, during the time her license remained in force; and the master of such vessel shall also swear that he is a citizen of the U ted States, and such license shall not be used for any other vessel, or any other employment, than that for which it is specially granted, or in any trade whereby the revenue may be defrauded; and if such vessel be less than twenty tons burthen, her husband shall swear that she is wholly the property of a citizen or citizens of the United States ; whereupon the collector of the district, whereto such vessel may belong, (the duty of six cents per ton being first paid) shall grant a license, in the form directed by law, for carrying on the coasting trade, whale fishery, cod fishery, or mackerel fishery (3)
For the form of license, see Appendix, No. 19.
1513. A steam vessel intended to be employed only in a river or bay of the United States, owned wholly or in part by an alien, resident within the United States, shall be enrolled and licensed, as if she belonged to a citizen of the United States, except that no oath shall be required that she belongs to a citizen or citizens of the United States.(4)
The owner of such steam vessel, upon application for enrolment or license, shall give bond to the collector of the district, to and for the use of the United States, in the penalty of one thousand dollars, with sufficient surety, conditioned that she shall not be employed in other waters than the rivers and bays of the United States.(5)
1514. When the master of any licensed vessel, ferry boats excepted, shall be changed, the new master, or, in case of his absence, an owner, shall report such change to the collector residing at the port where the same may happen, if there be one, otherwise to the collector residing at any port where such vessel may next arrive, who, upon the oath of such new master, or in
case of his absence, of an owner, that he is a citizen of the United States, and that she shall not, while such license continues in force, be employed in any manner whereby the revenue may be defrauded, shall endorse such change on the license, with the name of the new master; and when any change shall so happen, and shall not be reported, and the endorsement so made, such vessel, found carrying on the coasting trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the new master shall forfeit and pay the sum of ten dollars.(1)
1515. Before any vessel, of the burthen of five tons, and less than twenty tons, shall be licensed, the same admeasurement shall be made, and the same provisions observed relative thereto, as are to be observed in case of admeasuring vessels to be registered, (article 1369) but in all cases where such vessel, or any other licensed vessel, shall have been once admeasured, it shall not be necessary to measure her anew, for the purpose of obtaining another enrolment or license, except she shall have undergone some alteration as to her burthen, subsequent to the time of her former license.(2)
1516. Every licensed vessel shall have her name, and the port to which she belongs, painted on her stern, as is directed for registered vessels, (ar. ticle 1379) and if found without such painting, the owner shall pay twenty dollars.(3)
1517. No collector shall grant to any vessel, whose enrolment or license for carrying on the coasting trade has expired, a new enrolment or license, before the master shall have rendered a true account of the number of sea. men, and the time they have severally been employed on board such vessel during the continuance of the expired license, and shall have paid to the collector twenty cents per month, for every month such seamen have been so severally employed, which sum the master may detain from the wages of such seamen. If the master shall render a false account of the number of men, and the length of time they have severally been employed, he shall forfeit and pay one hundred dollars.(4)
1518. Any boat, sloop, or other vessel, of the United States, navigating the waters on our northern, north-eastern and north-western frontiers, other. wise than by sea, shall be enrolled and licensed in such form as may be prescribed by the secretary of the treasury; which enrolment and license shall authorize any such boat, sloop, or other vessel, to be employed either in the coasting or foreign trade; and no certificate of registry shall be required for vessels so employed on said frontiers: Provided, That such boat, sloop, or vessel, shall be, in every other respect, liable to the rules, regulations, and penalties, now in force, relating to registered vessels on our northern, north. eastern, and north-western frontiers.(5)
Of the form, record, duration, surrender, and inspection of Licenses.
Collector to number and record li.
censes, and transmit to register of
him-vessels to be registered or
1519 Enrolments, &c. for steam and whal.
ing vessels and whale ships be.
(1) Act 18th Feb. 1793, sec. 12.
(4) Act 16th July, 1798, sec. 2.
License not to be in force longer
than vessel is owned, is of the de. scription, and employed, as stated in her license-penalty
1521 License expired to be surrendered
-in case of loss, &c. of license, new one to be granted
1522 License may be returned at any
time within the year-may be cancelled on what conditions 1523
Revenue officers may inspect enrol-
1524 Enrolment, &c. to be signed by na
val officer-when-surveyor to
Art. 1519. The collector of each district shall progressively number the licenses by him granted, beginning anew at the commencement of each year, and shall make a record thereof, in a book to be by him kept for that pur. pose, and shall , once in three months, transmit
, to the register of the treasury, copies of the licenses which shall have been so granted by him; and, also, of such as shall have been returned to him, pursuant to the licensing act. And where any vessel shall be licensed or enrolled anew, or being licensed or enrolled, shall afterwards be registered, or being registered, shall afterwards be enrolled or licensed, she shall be enrolled, licensed, or registered, by her former name.(1)
1520. Enrolments and licenses for steam vessels, and vessels employed in whale fishery, owned by any incorporated company, may be issued in the name of the president or secretary of such company; and they shall not be vacated or affected by a sale of any share of any stockholder therein.(2)
1521. No license granted to any vessel shall be in force longer than she is owned, as, and is of the description, set forth in her license, or for carrying on any other business or employment, than that for which she is specially licensed; and if any vessel be found with a forged or altered license, or mak. ing use of a license granted for any other vessel, she, with her tackle, apparel, and the cargo found on board her, shall be forfeited.(3)
1522. The license granted to any vessel, shall be given up to the collector of the district who may have granted the same, within three days after the expiration of the time for which it was granted, in case she be then within the district; or, if she be absent at that time, within three days from her first arrival within the district afterwards ; or, if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor; and if the master shall neglect or refuse so to deliver up the license, he shall forfeit fifty dollars ; but if such license shall have been previously given up to the collector of any other district, and a certificate thereof under the hand of such collector be produced by such master, or if such license be lost, or destroyed, or unintentionally mislaid, so that it cannot be found, and the master of such vessel shall make and subscribe an oath that such license is lost, destroyed, or unintentionally mislaid, as he verily believes, and that the same, if found, shall be delivered up, as is herein required, then such penalty shall not be incurred. And if such license shall be lost, destroyed, or unintentionally mislaid, before the expiration of the time for which it was granted, upon the like oath being made and subscribed by the master, such collector shall, upon application, license such vessel anew.(4)
1523. The owner of a licensed vessel may return the license to the col. lector who granted it, at any time within the year for which it was granted, who shall cancel it, and upon application, shall license her anew, upon the
(1) Act 18th February, 1793, sec. 7. (2) Act 3d March, 1825, sec. 1. Act 3d March, 1831.
Act 18th February, 1793, sec 5.
owner complying with the requisite conditions ; and in case the term for which the former license was granted, shall not have expired, an abatement of the tonnage of six cents per ton shall be made in proportion to the time unexpired.(1)
1524. Any officer concerned in the collection of the revenue, may, at all times, inspect the enrolment or license of any vessel ; and if her master shall not exhibit the same when required by such officer, he shall pay one hundred dollars.(2)
1525. In every case where the collector is directed to grant enrolment, license, certificate, permit or other document, under the law for enrolling and licensing vessels, the naval officer residing at the port, (if there be one,) shall sign the same; and every surveyor, who shall certify a manifest, or grant a permit, or shall receive a certified manifest or permit, under such law, shall make returns thereof monthly, or oftener, if they can be conveniently so made, to the collector of the district in which he may reside.(3)
The secretary of the treasury may authorize the surveyor of any port of delivery, under such regulations, as he may deem necessary, to enrol and license vessels to be employed in the coasting trade and fisheries, in like man. ner as collectors of ports of entry may do ; and such surveyors may receive the same commissions and fees as are allowed to collectors for the same duties and no more.(4)
Regulations for Vessels in the Coasting Trade.
Sea coast and rivers divided into
trict in one state to a district in three great districts
1526 the same, or an adjoining state, Provision relative to vessels trading having certain goods of not more with districts included within the value than $400
1534 great districts
1527 Duty of master and revenue officers, Provision relative to vessels trading in case of registered vessel, trad.
from one to another great district 1528 ing from district to district. ProProvision relative to trade between vision as to such vessel having
districts not included in great dis- goods on board, imported by her
1535 Master of licensed vessel, proceeding Duty of master of a foreign vessel,
from a district in one state to a bound from one to another disdistrict in the same or an adjoin
trict in the United States
1536 ing state, having on board certain Provision in case master of vessel in articles, exceeding in value $400, coasting trade, lose, &c. manifest &c. to deliver to collector dupli. or permit
1537 cate manifests, &c.
1530 Duty of master putting into a port, Duty of master having such articles other than that to which he was on board, on his arrival at a dis
1538 trict in one state from a district in Provision relative to coasting ves
the same or an adjoining state 1531 sels, between Long Island and Duty of master destined from one Rhode Island
1539 district to a district other than a Provision relative to the transportadistrict in the same, or an adjoin- tion of goods, &c. across New ing state
1540 Duty of master arriving at a district, Duty of owner or consignee in such from any district, other than a dis
1541 trict in the same, or an adjoining Fees under enrolment and license state
1542 Duty of master bound from a dis- Penalty on collector, &c. making
(1) Act 18th February, 1793, sec. 10.
(3) Ibid. sec. 25.
illegal document under the enrol- which she is licensed on vessel ment and license act. On taking having false license
1545 illegal fees-bribes. On surveyor, Provisions of the enrolment and li. &c. making false description of cense act, not to extend to vessels vessel. On officers omitting duty 1543 of certain character
1546 Penalty on false swearing under Penalty on resisting revenue officer 1547 such act
1544 Mode of recovery
and distribution Penalty on transferring license to of forfeitures
1548 foreigner, &c.—on employing Officers may be witnesses—when 1549 vessel in any trade, other than for Vessels in mackerel fishery not sub
ject to sustain penalties
ART. 1526. For the more convenient regulation of the coasting trade, the sea coast and navigable rivers of the United States shall be divided into three great districts ; the first shall include all the districts on the sea coast and navigable rivers, between the eastern limits of the United States and the southern limits of Georgia ; the second, all the districts on the sea coast and navigable rivers, between the river Perdido and the western limits of the United States ; and the third, all the ports, harbours, sea coast, and navigable rivers between the southern limits of Georgia and the river Perdido.(1)
1527. Every vessel, of the burthen of twenty tons or upwards, licensed to trade between the different districts of the United States, may carry on such trade between the districts included within the great districts, respectively, and between a state in one, and an adjoining state in another, great district, in manner, and subject only to the regulations that are now by law required to be observed by such vessels, in trading from one district to another in the same state, or from a district in one state to a district in the next adjoining state, any thing in any law to the contrary notwithstanding (2)
1528. Every vessel of the burthen of twenty tons or upwards, licensed so to trade, shall, in trading from one to another great district, other than between a state in one, and an adjoining state in another great district, conform to and observe the regulations, that are required to be observed by such vessels in trading from a district in one state to a district in any other than an adjoining state.(3)
1529. The trade between the districts not included in either of the great districts, shall continue to be carried on in the manner, and subject to the regulations provided for this purpose.(4)
1530. The master of every vessel licensed for carrying on the coasting trade, destined from a district in one state to a district in the same, or an adjoining state, on the sea coast, or on a navigable river, having on board either distilled spirits, in casks exceeding five hundred gallons, wine, in casks exceeding two hundred and fifty gallons, or in bottles, exceeding one hundred dozens, sugar, in casks or boxes, exceeding five hundred pounds, coffee, in casks or bags, exceeding one thousand pounds, or foreign mer. chandise in packages, as imported, exceeding in value four hundred dollars, or goods, wares or merchandise, consisting of such enumerated, or other articles of foreign growth or manufacture, or of both, whose aggregate value exceeds eight hundred dollars, shall, previous to the departure of such vessel from the port where she may then be, make out and subscribe duplicate mani. fests of the whole of such cargo on board such vessel, specifying in such manifests, the marks and numbers of every cask, bag, box, chest, or pack. age, containing the same, with the name and place of residence of every shipper and consignee, and the quantity shipped by and to each, and if there be
(1) Act 2d March, 1819, sec. 1. Act 7th May, 1822, sec. 11.
(2) Act 2d March, 1819, sec. 2.
(3) Ibid. sec. 3. (4) Ibid. sec. 4.